Getting a DUI Reduced to Reckless Driving in South Carolina

Facing a DUI charge is terrifying. Not only can a conviction result in severe penalties, but you could also jeopardize your job if your employer finds out you were arrested for driving drunk. Fortunately, some defendants can get a DUI reduced to reckless driving in South Carolina. Hire an experienced criminal defense lawyer with ample experience negotiating plea deals. Defendants are not guaranteed the right to get a charge reduced, but our firm can put our experience to work for you. Call William G. Yarborough, Attorney at Law, to speak with an experienced Greenville DUI lawyer.

What is Reckless Driving in South Carolina?

Under South Carolina Code § 56-5-2920, reckless driving is defined as driving in a willful or wanton disregard for other people’s safety. Essentially, you drive with conscious indifference to whether other people might get hurt.

Drunk driving would clearly qualify as reckless driving. Anyone who gets behind the wheel while intoxicated exhibits a disregard for the rights and safety of pedestrians and other motorists. The same is true if they have done drugs before putting the keys in the ignition.

This is a misdemeanor offense in South Carolina, with a defendant facing up to 30 days in jail and a fine if convicted. A driver will also get 6 points added to their driving record.

Why Should You Seek to Get a DUI Reduced to Reckless Driving?

There are all sorts of reasons that motorists might want a reckless driving charge on their record instead of a DUI:

• You have previous DUIs. South Carolina punished DUI defendants more harshly if they were repeat offenders. If you already have a DUI on your record, then a second or subsequent DUI will likely result in more severe penalties. For example, someone with one prior DUI is facing a minimum of 5 days in jail for a second DUI. If you have three prior DUIs, then you are likely looking at a year in jail for a fourth conviction. By pleading to a non-DUI charge, you can avoid the most serious penalties.
• A DUI could jeopardize your career. Some professionals face discipline and possible suspension of a professional license for a DUI, whereas a reckless driving charge might result in any adverse action. Some industries also will not employ someone with a DUI, such as the transportation industry.
• You could face public embarrassment. Criminal prosecutions are public, and a conviction for DUI is public information. You can pass off a reckless driving conviction more easily.

Discuss whether a plea deal is in your best interests. A lawyer can help you think through the consequences of a DUI arrest and conviction.

How to Get a DUI Dropped to Reckless Driving

The only way of getting a DUI reduced to reckless driving is to negotiate a plea deal with the Solicitor in charge of your case. The Solicitor could drop the charges to reckless driving on their own initiative, but they tend to wait for the defense lawyer to approach them about a plea deal.

With a plea deal, each side gets something:

• The defendant will face a reduced charge. That’s a win for the defendant, especially if the evidence against them is strong.
• The Solicitor gets a guilty plea. That helps them clear the case off their desk much faster than by going to trial.

Usually, we approach the state as soon as possible to open plea negotiations, but not until we have fully reviewed the evidence. We can strengthen our argument by pointing out irregularities in your DUI stop or gaps in the evidence. For example, your BAC might have been below the legal limit, or the officer failed to read you your rights.

The state does not always agree to reduce DUI charges to reckless driving, so we need to marshal evidence in favor of our argument. Previously, many Solicitors offered to drop a DUI to reckless driving as a matter of course. That doesn’t happen as much anymore. Instead, the state has more aggressively prosecuted DUI cases and often seeks the maximum penalties possible.

Should You Seek to Reduce Your DUI to Reckless Driving?

Agreeing to plead a lesser charge is not always the right move for a defendant. For one thing, you are admitting guilt to an offense. You might have other options:

• Ask for the charges to be dismissed. We might ask a judge to dismiss the charges outright, especially if the officer had no legal grounds for stopping you. When the case gets tossed, you will not face any criminal charges. That is preferable to pleading guilty to reckless driving. Let us review the evidence.
• Seek an acquittal. Maybe the case against you is so flawed that you are better off asking the judge to enter an acquittal or even taking your chances before the jury. By winning your case, you avoid any penalties, and you can then ask that your arrest and charges be expunged.
• Enter a diversion or treatment program instead. There are various programs available for first-time DUI offenders in South Carolina, which can help them avoid a criminal conviction. One is Pre-Trial Intervention, which is a diversionary program. Once a defendant completes the program, criminal charges are dismissed.

Attorney Yarborough can help you consider whether these alternatives are better than a plea deal for reckless driving. You should consider all options before settling on a plea deal as your best choice.

Talk with an Experienced Greenville DUI Lawyer Today

Getting pulled over for DUI is a scary experience, but defendants usually have options. One is to seek a reduction in charges to reckless driving, while other defendants might seek to enter a diversion or treatment program.

Find out more about all your options by contacting William G. Yarborough, Attorney at Law. He has helped all sorts of people in the 29609 zip code, from first-time DUI defendants to repeat offenders with lengthy criminal histories. We can go into greater detail regarding our experience and the DUI criminal process in a private consultation at our firm. Contact us today!